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Ray, Lawyer

Category: Legal

Satisfied Customers: 30797

Experience: 29 years in civil, probate, real estate, elder law

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I have been married for 5 and a half years here in California.

Resolved Question:

I have been married for 5 and a half years here in California. He has promised to take very good care of me when we got married. I have not work for all the time i am married to my husband. Now he wants to divorced me... what would be my rights, we don't have children together, although his 2 teenagers children from previous marriage are living with us. they are 18 and 16 years old. He wants me to move out of the house and I have no means of supporting myself. He is earning between 20 to 25 thousands dollars a month. He does offered to give me 2 thousands dollars a month for a year and will pay for my health, car insurance for a year too as a settlement for our divorced. I need your advice what should I do.. take the offer or not.. thank you for your help... Marrietta

You need to file for divorce here and seek a fair division of community assets.This is not a fair offer here and you would be eligible here for spousal support of say $8-$9k a month for two and a half years as well.

RayAnswers :

This is no where near what you can get from the judge .No way you agree to all of this it isn't even close to what you deserve.Either you self represent or try to borrow funds and obtain a lawyer.A lawyer here m ay be able to get him to pay legal fees through the court.

RayAnswers :

Reference

Customer:

thanks

RayAnswers :

California law defines community property as any asset acquired or income earned by a married person while living with his or her spouse. Separate property is defined as anything acquired by a spouse before the marriage, or during the marriage by gift, d evise or bequest. The law requires that the community estate be divided equally if there is no written agreement to the contrary. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive ½ of the net community estate.

2) How is the community property to be divided?

It should be understood that the law does not require an "in kind" division of the community property. All that the law requires is that the net value of the assets received by each spouse must be equal. Thus, it is not uncommon for one spouse to be awa rded the family residence, with the other spouse receiving the family business and investment real estate. Since the total net value of the assets being received by each spouse is equal, such a division is proper.

Ordinarily, it is not difficult to determine whether a particular asset is community or separate property. However, certain types of assets can pose unique problems in this regard.

3) Can I get a portion of my spouse's pension and employment benefits?

To the extent that a married person accumulates an interest in a pension, retirement, profit sharing or other employee benefit plan during the marriage, it is community and subject to division in the Dissolution of Marriage. The law gives the judge the p ower to award a spouse his or her pension plan, based on its "present value," or to "reserve jurisdiction" to award each spouse a proportionate share of the benefits when they are paid.

Doesn't matter it is all community income and any property that was purchased or obtained during the five years.

Customer:

what would be fair for me to take offers from him

Customer:

i have to consider he has 2 children that is soon going to university

RayAnswers :

A good lawyer here gets you say $8k a month in spousal support and then you stall ehre for awhile.

RayAnswers :

None of that matters here its all community property you get your half.Educating them comes out of his half not yours.

Customer:

oh ok

Customer:

he seems to be rushing me out of the house

RayAnswers :

Honestly I think you need a lawyer you never know what he might have hidden here.

RayAnswers :

He might have been planning this awhile.

Customer:

he wants the divorced

Customer:

he wants me to get out of the house as soon as possible

Customer:

and offers me 2 gran a month to live on, thats including my rent money

RayAnswers :

Don't be hasty in settling up here.A lawyer will get you spousal support going and look at all the income and finances here before dividing.Was the house his prior to marriage or not?

Customer:

his house prior to marriage

Customer:

in his own name

Customer:

we have done alot of improvements on the house

Customer:

and he has taken out line of credit to pay for the improvements

RayAnswers :

This isn't even close to what you are due here.He would have to try and evict you here.You get thirty days written notice and he has to then file forcible entry and detainer.A lawyer here might get you more time and compensation to leave.

RayAnswers :

And you might get offset for the improvements since they were community funds he spent.

Customer:

he plays for the fact that he is now 64 and next year if i don't agree, i might have to ended supporting him

Customer:

i don't know what he was talking

Customer:

i don't want to give him headaches

Customer:

i am not an angry person, i just want to take sensible offers

Customer:

what would be in ur opion i would consider?

RayAnswers :

I mean you need to see all the books here --the bank accounts the tax returns etc. before you can decide what 50-50% is.He is trying to make a deal here without such disclosure.The ex here is not playing fair and these are empty threats.Really try for a lawyer here even if you have to use the account you have access to.It is worth it to you long term.Again until he lays it all on the table here or your lawyer can verify the assets who knows what is 50-50% or fair..And again spousal support of say $8-$9k is more like it based on his income.

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Customer:

thanks

RayAnswers :

Honestly it sounds to me like he has another person lined up here and wants to try and lowbal you and get you out of the house so he can move this person in.

RayAnswers :

It also looks like he has been planning all of this awhile.

Customer:

mmmm

Customer:

he can't kick me out of the house can he?

RayAnswers :

I wish you good luck here.Don't be in too big a hurry to move or settle.Consider a lawyer here to negotiate if he really wants to settle.

RayAnswers :

He could evict you here eventually.Thirty days written notice and filing eviction suit and serving you.

RayAnswers :

It would take awhile.

Customer:

ok thats all i want to know thanks

Customer:

is a year settlement fair?

RayAnswers :

Take it a step at a time.I do not see you being able to resolve this without a local divorce lawyer.Too much income , property, assets.The health and car insurance for a year thats fine but how about $8-$9k a year in spousal and a fiar division of assets after he shows you everything and a lawyer reviews it.

RayAnswers :

He's Offering you chump change here nothing close to what would be fair here under California law.

Customer:

i live in orange county, u have anyone u can recommend?

RayAnswers :

Yes call here

RayAnswers :Lawyer Referral & Information Service

Orange County California(NNN) NNN-NNNN/strong>

The OCBA’s Lawyer Referral & Information Service (LRIS) is the only non-profit legal referral service in Orange County sponsored by the OCBA. It has been referring callers to some of Orange County’s finest attorneys for over 50 years.

LRIS panel attorneys have expertise in 35 areas of the law. Each call is carefully screened by trained representatives to assure referral to the right attorney. Prospective clients receive a free brief consultation to review the legal issue and discuss fees.

LRIS provides bilingual services, meets American Bar Association (ABA) standards set forth for referral services and is certified by the State Bar of California. (Certification #0033)

An administrative fee of $25 is charged for your first referral in one area of law. You will receive additional referrals as needed for a maximum total of three. You will not receive all referrals at one time. The administrative fee collected helps defray operating costs of this nonprofit service. This fee is waived for Criminal Law, Family Law, Medical Malpractice issues, Personal Injury, Social Security and Workers’ Compensation. A Modest Means program is also available.

Don’t take chances with your legal needs. Call LRIS at (949)(NNN) NNN-NNNN/strong> or (877) 2LRISOC. You may also request a referral on-line.

RayAnswers :

Good luck and keep fighting here.You deserve a fair division and spousal support.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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